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KPCC/D/A/149/2012 - Kosovo Property Agency

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p. Claim No. 53652<br />

10<br />

33. Claim No. 53652 has been filed by the Claimant in her capacity as a family household<br />

member of the alleged property right holder, namely her grandfather. The Claimant submitted<br />

a possession list No. 26 listing her grandfather as the owner of the claimed property. The<br />

Respondent alleges that the Claimant’s father, Sava Ristic, sold the claimed property to him<br />

on 16 September 2009 and submitted a purchase contract No. 7475/2009. He stated that he<br />

did not register the claimed property for property tax reasons. The Executive Secretariat<br />

located ex officio five certificates for the immovable property rights, listing the claimed<br />

property in the name of the Respondent. When contacted by the Executive Secretariat, the<br />

Claimant confirmed that her father had sold the claimed property in 2009 and since she was<br />

living abroad, she could not withdraw the claim. Accordingly, the claim falls outside the<br />

jurisdiction of the Commission and stands to be dismissed.<br />

q. Claim No. 26474<br />

34. Claim No. 26474 has been filed by the Claimant in his capacity as a family household<br />

member of the alleged property right holder. The Claimant submitted a possession list No.<br />

2034 dated 6 November 2001, listing the claimed property in the name of the property right<br />

holder. The Respondent Shefqet Jashari alleges that he purchased the claimed property in<br />

2003. He submitted an uncertified copy of a purchase contract concluded between the<br />

property right holder and the Respondent’s representative Avni Hetemi, dated 26 October<br />

2003, and an invoice dated 26 October 2003, prepared by the property right holder’s lawyer<br />

Avni Ibrahimi for the full purchase price. The Executive Secretariat contacted the property<br />

right holder’s lawyer Avni Ibrahimi, who confirmed that the sale and payment had taken<br />

place. The Respondent also submitted possession list No. 2034 dated 8 August 2007 and 2<br />

October 2007, possession list No. 8317 dated 3 February 2004, and a copy plan No. 41 dated<br />

2 March 2003, listing the claimed property in the name of the Respondent. The Respondent<br />

submitted a purchase contract No. 236/04 dated 4 February 2004 concluded between the<br />

property right holder and the Respondent and a purchase contract No. 2006/5 concluded<br />

between the Respondent and his brother dated 7 June 2005, pursuant to which the<br />

Respondent sold the claimed property to his brother Ekrem Jashari. The Executive<br />

Secretariat found ex officio that the claimed property is also registered in the cadastral<br />

records, in the certificate for the immovable property rights No. 2034 dated 11 May 2008 and<br />

10 April 2010, in the name of the Respondent’s brother Ekrem Jashari. When the Executive<br />

Secretariat contacted the Claimant to inform him of the above, the Claimant continued to<br />

deny the sale. However, when the Executive Secretariat contacted the Respondent, he<br />

explained that his brother Ekrem Jashari has a joint interest in the claimed property, and his<br />

name is therefore on some of the documentation.<br />

35. Based on the evidence before it, the Commission is satisfied that the Claimant sold<br />

the claimed property in 2003. Accordingly, the claim falls outside the jurisdiction of the<br />

Commission and stands to be dismissed.<br />

r. Claim Nos. 00264 and 92290<br />

36. Claim Nos. 00264 and 92290 have been filed by an authorized representative of the<br />

Claimant who claims the properties in his capacity as the property right holder. The Claimant<br />

is seeking confirmation of ownership and repossession of the claimed property, in each claim<br />

an ideal part of one fourth of the claimed property.

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